(1) A person commits an offence if—
(a) the person is the keeper or carer of a dog; and
(b) the person is with the dog in a public place; and
(c) the dog is not restrained by a leash.
Maximum penalty: 15 penalty units.
(2) A person commits an offence if—
(a) the person is the keeper or carer of a dog; and
(b) the person is with the dog in a public place; and
(c) the dog is not under the effective control of the person.
Maximum penalty: 15 penalty units.
(3) The keeper of a dog commits an offence if the dog—
(a) is in a public place; and
(b) is not with a carer.
Maximum penalty: 15 penalty units.
(4) An offence against this section is a strict liability offence.
(5) Subsection (1) does not apply to a dog that is under the control of a person and is—
(a) in an exercise area declared under section 40 (Declaration—exercise areas); or
(b) a working dog working livestock; or
(c) taking part in—
(i) a dog show, field trial or obedience trial; or
(ii) a dramatic performance or other entertainment.
(6) In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.
(7) For this Act, a dog is under the effective control of a person if the person can prevent the dog from approaching other animals or people by—
(a) use of a leash; or
(b) holding or confining the dog; or
(c) the dog—
(i) being in sight of the person; and
(ii) responding to and following the person's commands.
Example
Pete is walking his large dog, Reggie, on a leash. However, Pete is not strong enough to stop Reggie pulling and approaching other dogs. Reggie is not under the effective control of Pete.